This settlement agreement, dated March 20, 2018, between the United States and Union Parish Detention Center (UPDC) is the result of a complaint filed with the United States Department of Justice alleging discrimination on the basis of HIV status in violation of Title II of the Americans with Disabilities Act (ADA). The settlement finds that, in violation of Title II, UPDC placed a detainee living with HIV in isolated, segregated housing for approximately 6 months due to his HIV status. Additionally, the facility violated the detainee’s confidentiality by posting information on his cell door from which staff and other detainees could infer his HIV status. Under the terms of the agreement, payment is required to the detainee, the UPDC must refrain from discriminating against qualified detainees with HIV, and the UPDC must implement a number of specific policies and procedures. This decision is important not only because of its result—helping to end certain types of discrimination against prisoners living with HIV at the UPDC—but also because it offers analysis showing why segregation on the basis of HIV status in prison or a county jail violates the ADA.
The Center for HIV Law and Policy is a national resource and advocacy organization working to advance the rights of people affected by HIV. We combine an online HIV Policy Resource Bank, a creative national advocacy agenda, and case assistance focused on systems and institutions with significant impact on marginalized communities.